Jacksonville Perjury Lawyer

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Perjury is basically lying under oath.  It is an often threatened charge, but rarely enforced.  The reason is that it can be very difficult to prove whether the witness lied or was simply mistaken or was telling the truth. Even if there are two contradicting statements, there are usually logical and reasonable explanations.  Give the experienced Jacksonville criminal defense lawyer of LGL a call to discuss your particular case.

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Perjury is defined in Florida Statute Sections 837.012, 837.02, and 837.021.  There are 3 different kinds of Perjury. 

• Perjury in an Official Proceeding (Fla. Stat. Sec. 837.012)
  

• Perjury in a Non Official Proceeding (Fla. Stat. Sec. 837.02)
  

• Perjury by Contradictory Statements (Fla. Stat. Sec. 837.021)

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  To prove Perjury in an Official Proceeding , the State must prove:

• You took an oath or otherwise affirmed that you were obligated by conscience or by law to speak the truth in the official proceeding, and

• the oath or affirmation was made to a person administering an oath, who was acting in an official capacity, and
  

• you, while under an oath, made a statement, and
  

• the statement was false, and
  

• you did not believe the statement was true when you made it.
  

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• To prove Perjury in an Official Proceeding , the State must prove:

• You took an oath or otherwise affirmed that you were obligated by conscience or by law to speak the truth in the unofficial proceeding, and

• the oath or affirmation was made to a person administering an oath, who was acting in an official capacity, and
  

• you, while under an oath, made a statement, and
  

• the statement was false, and
  

• you did not believe the statement was true when you made it.

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• To prove Perjury by Contradictory Statements , the State must prove:

• You took an oath or otherwise affirmed that you were obligated by conscience or by law to speak the truth in the official proceeding, and

• in the official proceeding in which one of the statements was made, you made the statement, and
  

• in the official proceeding where the other statement was made, you made the statement, and
  

• you made both statements while under oath or affirmation, and
  

• the statements were contradictory, which means that both statements could not be true, and
  

• you made both statements knowingly and intentionally.
  

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An "official proceeding" means a proceeding heard, or which may be or is required to be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with nay such proceeding.

The most common official proceedings we see where perjury charges or allegations arise are in depositions, court hearings, trials, and grand jury testimony.

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No.  There are no magic words required for the oath. Here is the legal definition:

An "oath" includes affirmation or any other form of attestation required or authorized by law by which a person acknowledges that he or she is bound in conscience or law to testify truthfully in an official preceding or other official matter. 

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For lying under oath to be the crime of perjury, the lie must be about a "material matter".  The judge decides whether the alleged lie is about a material matter.

"Material matter" means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding.  Whether a matter is material in a given factual situation is a question of law.